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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Florida Homeowners claims questions:

House suffered a pipe burst that sat for 24 hours. Home flooded 1” during that time. Back half of the first story is affected.

Are my personal property contents covered?

Does the Florida mold limit of $10,000 include contents as well as structure or are those separate limits that... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

The coverage categories and limits are stated in your insurance policy. Either it's plainly covered or not. Should be clear, and an insurance agent should be able to explain, but if not, schedule a legal consultation. Also, you state that a pipe leakage flood caused damage. If water itself... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: dental in april said my remaining 7 front teeth were so bad that they had to go . and iwould need bottom denture .

I can't afford that they said this will be all covered by your insurence I agreed then trrth pulled , temp. bottom plate when back several times for bone spur a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage? And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.

When you're talking about only $7,208,...
View More

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: We need an attorney to help with long term health care insurance. We have been through a long process& tons of excuses

Long term health care is not honoring the agreement.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for four weeks. At this point, one option is to reach out to attorneys. In addition to your own searches, you could look into the resources of state or local bar... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for Florida on
Q: My homeowners adjuster made a deal with my roofing company. Now new adjuster is lowering the amount, is that legal?
Tim Akpinar
Tim Akpinar
answered on Mar 26, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for three weeks. As general principle, if you were presented with a written offer or proposal, that should be honored. However, in terms of changes, it could be... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My insurance has comprehensive coverage which covers flooded cars. My adjuster is claiming that it wasn’t flooded.

My insurance adjuster called me today asking me really detailed questions that I’ve already answered before and asking me things he should’ve been asking a mechanic. My mechanic stated that the car was a total loss due to flood after several diagnostics and my adjuster ignored him and stated he... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 26, 2023

There are good and bad insurance companies, and the bad ones routinely deny valid claims and/or are extremely stingy because they figure their resulting higher profits will outweigh the losses caused by lawsuits. When an insurance company has no rational basis for its denial or stingy offer,... View More

1 Answer | Asked in Contracts, Personal Injury, Insurance Bad Faith and Legal Malpractice for Florida on
Q: I have a roof claim that was settled through mediation in Jan, it is now May with no release or money, what can I do?

My attorney claims he has been "hounding" the insurance company, the insurance company tells me they have not received payment instructions, my attorney says he sent them. Lots of finger-pointing while my family and I are being financially harmed because we can't get homeowner's... View More

Joel Gary Selik
Joel Gary Selik
answered on May 10, 2024

What you are going through is not uncommon. I now add to agreements a date certain, where possible. Your attorney can threaten to pull the settlement or make a motion to enforce.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I need to sue my own auto insurance company. Is there anyone that can help me with that in Pensacola Fl?

I have been mishandled lie too and am going thru mental anguish due to my own auto insurance company. It seems nobody will help me.

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2024

A Florida attorney could advise best, but your question remains open for three weeks. You could supplement your searches with the "Find a Lawyer" tab above, which lists attorneys by region and practice area. You could also look into the attorney referral sections of local and state bar... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can I file a claim with the carrier if I was refused a bill of lading?

I shipped my car from state to state. At the time of picked up there driver did not provide any Bill of lading to be signed. When the carrier dropped the car off, there was damages to the car. The driver refused to provide a sign bill of lading. Can their insurance company refused my claim as the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 4, 2024

The fact that the shipper did not give you written acknowledgement of the damage doesn't absolve your insurance company of liability. An affidavit from you should be sufficient.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Health Insurance deny my claim stating is out of network but paid previously a claim ?

Please help ? My insurance processed a wellness claim at a different location of a hospital with the same name. Later, I received a referral for a specialist and had sonograms at the same hospital but in a different location. Despite being labeled as an out-of-network service by my insurance, the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

Only a Florida attorney could advise, as a good portion of insurance and consumer laws are governed by state provisions. But your question remains open for three weeks. Until you're able to consult with a local attorney, you could check the backsides of any denials or EOBs - they sometimes... View More

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Physician orders require me to visit family to overcome depression. My LTC insurance deducts from my benefits. Legal?

Insurance provider says my policy only pays my custodial care if I am physically in my facility. I can visit my family but they deduct for each day I am away which is 4 days per month. i.e. $1,200 per month.

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2023

This issue likely depends on the language of your insurance policy. First, ask the insurance co. to tell you which specific section of the policy applies. Then, to be certain of your rights, consult an elder law attorney.

1 Answer | Asked in Contracts and Insurance Bad Faith for Florida on
Q: Good day. Are any of the attorneys aware of any individual or class action lawsuits filed by Florida attorneys against

Good day. Are any of the attorneys aware of any individual or class action lawsuits filed by Florida attorneys against Lincoln National Life Insurance Co. for illegally terminating life insurance policies for alleged non-payment of premiums , please? Thank you!

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2023

A Florida attorney could advise best, but your question remains open for two weeks. At this point, you could research online or reach out to attorneys who handle life insurance litigation. Good luck

1 Answer | Asked in Products Liability, Traffic Tickets, Insurance Bad Faith and Insurance Defense for Florida on
Q: I recently purchased a 2021 BMW X5. They didn't disclose vital information to me

I told the car lot I was specifically looking for a car for my wife that had the front end collision prevention all the safety features available.

They showed me the X5 told me the vehicle would automatically apply the brakes if its getting too close to an object/person ran out. This was... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear about your problems. Sounds like you need a product liability attorney. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Contracts and Insurance Bad Faith for Florida on
Q: $5,000 or $%25?

In an insurance contractor contract it's specified that in order to exit the contract the claim owners need to pay the contractors %25 or $5,000. It is not specified which one takes precedence. Is it up to the contractor to choose which one or does it default to whichever one is less?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

A rule of construction (interpretation of contractual language) is that ambiguities are resolved against the party who drafted the ambiguous language. So, assuming that the other party (an "an insurance contractor", whatever that is) drafted it, it would be whichever is less.

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Business Law for Florida on
Q: Are insurance companies legally inhibited from paying for insurance on a rental when paying for damages in Florida?

Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2022

Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Is the limitation for punitive damages of 4.5 times to max 10times limited to personal injury also apply to willful wro

Willful wrong done by corporation. Have life insurance case 2 lawyers will take. But I feel the case warrants punitive damages. 2 trial lawyers fail to return call. Case is either Florida or federal. The life insurance policy was a single premium variable guaranteed renewable. It can be... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2022

Only a Florida attorney could advise as to the limitation you mention, as it could involve state-specific law. But your question remains open for four weeks. As to the other more general legal issue you raise about warranting punitive damages, that is often up to the discretion of the court in many... View More

1 Answer | Asked in Family Law, Health Care Law and Insurance Bad Faith for Florida on
Q: My sons dad pays for health insurance for our child but his name was spelt wrong is there anything I can legally do?

He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2022

It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Florida on
Q: My insurance company failed to provide a dentist covered in network in time to save teeth do I have a case?

I started a multiple root canal and crowns with my insurance last year in December, the max time to finish the procedure safely was 21 day, it took 114 days for them to provide a dentist that was in network and had not dropped them. I find this excessive and unreasonable, because the failure to... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

A Florida attorney could advise best, but your question remains open for two weeks. For this type of matter, an attorney could require a dental/oral surgery professional's opinion in terms of the impact of the delays. That's why the question is difficult to answer. You could reach out to... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Does home insurance cover a tier one solar panel system on florida? Internet says yes, insurance companies say no.

When u call insurance companies, they say we have to pay more for more coverage. Online it says it should already be covered. Feel like insurance company is lying. Pls clarify.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2022

It would depend on the terms of the policy. If the insurance company tells you that they would charge more for a policy that covers solar panel systems, they can certainly do that. Whatever you read on the Internet was probably a general statement and not about any specific policy.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Real estate insurance claim recorded statement

I’m in a process of real estate insurance claim and adjuster wants to have a recorded statement from me. Do I really obligated to give him a statement or I can refuse a statement?! Also, most likely I’ll hire a lawyer, if the amount offered is low. A loss mitigation company was dispatched to... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 25, 2022

It depends what your insurance policy says about the requirement to give a recorded statement.

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